Common use of Name; Formation Clause in Contracts

Name; Formation. The name of the limited liability company is HHH HOLDINGS, LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on December 17, 2007, in accordance with the Act by an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, such person’s powers as an “authorized person” ceased. The Managing Member is hereby designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Amended Agreement are hereby amended and restated in their entirety as set forth herein.

Name; Formation. The name of the limited liability company is HHH HOLDINGS, MORGANS HOLDINGS LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on December 17July 23, 2007, 1998 in accordance with the Act Act, by Vered Rabia, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, such person’s her powers as an “authorized person” ceased. The Managing Member is hereby designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Amended Original Agreement are hereby amended and restated in their entirety as set forth herein.

Name; Formation. The name of the limited liability company is HHH HOLDINGS, 43rd RESTAURANT LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on December 17May 2, 20072000, in accordance with the Act Act, by Xxxxxxx Xxxxxx, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, such person’s her powers as an “authorized person” ceased. The Managing , and the Member is hereby thereupon became the designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Amended Original Agreement are hereby amended and restated in their entirety as set forth herein.. 43rd Restaurant LLC — Fifth Amended & Restated Operating Agreement

Name; Formation. The name of the limited liability company is HHH HOLDINGS, BEACH HOTEL ASSOCIATES LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on December 17August 13, 20072004, in accordance with the Act Act, by Xxxxxxx Xxxxxx, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, such person’s her powers as an “authorized person” ceased. The Managing , and the Member is hereby thereupon became the designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Amended Original Agreement are hereby amended and restated in their entirety as set forth herein.

Name; Formation. The name of the limited liability company is HHH HOLDINGS, ROYALTON PLEDGOR LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on December 17August 10, 20072004, in accordance with the Act Act, by Xxxxxxx Xxxxxx, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, such person’s her powers as an “authorized person” ceased. The Managing , and the Member is hereby thereupon became the designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Amended Original Agreement are hereby amended and restated in their entirety as set forth herein.. Royalton Pledgor LLC — Third Amended & Restated Operating Agreement

Name; Formation. The name of the limited liability company is HHH DDD HOLDINGS, LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on December 17, 2007, in accordance with the Act by an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, such person’s powers as an “authorized person” ceased. The Managing Member is hereby designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Amended Agreement are hereby amended and restated in their entirety as set forth herein.